Child Lumber & Manufacturing Co. v. Page

The opinion of the court was delivered by

Mount, J.

— Appellant brought this action below to foreclose a lien for material furnished to respondents in the construction of a dwelling 'house on certain lots in Spokane. When the cause came on for trial upon issue joined, the respondents objected to- the introduction of any evidence upon the ground that it appears from the pleadings that defendants are entitled to a judgment, and that, from the answer and reply, it appears that the com*130pjaint does not state the contract made by the parties, and there is therefore a departure in the pleadings. This…